Segara

TERMS & CONDITIONS

1. Definitions

In this agreement, the following terms have the following corresponding meaning:

Charter means the agreed cruise on the Vessel which Great Southern Marine is providing to the Charterer.

Charterer’s Group means the Charterer and all the passengers who will take part in the Charter.

Master means the duly qualified person in charge of the Vessel.

Vessel means SEGARA.

2. Agreement to use Vessel

2.1 Great Southern Marine agrees to provide the Vessel to the Charterer for the Charter Period.

2.2 The Charterer and the Charterer's Group agree to comply with these terms and

conditions and all local rules and regulations including those concerning navigation, operation, health and safety and comfort on board.

3. Booking Management

A booking management fee applies to all bookings and covers booking administration, reservation management, payment processing and customer service regardless of the method of payment. Payment methods accepted are EFT, or credit card.

4. Pick-up and Drop-off

3.1 Great Southern Marine is to make the Vessel available for the Charterer's use at the beginning of the Charter Period at the Place of Pick-up or such other place as may be mutually agreed by the parties.

3.2 At the end of the Charter Period the Vessel will drop-off the passengers at the Place of Drop-off or such other place as may be mutually agreed by the parties.

5. Use of Vessel

4.1 The Charterer may use the Vessel within the Cruising Area provided the Vessel is permitted under local law to be used in the area.

4.2 Great Southern Marine does not warrant the use of the Vessel and comfort in bad weather conditions for all cruises or passages within the Cruising Area.

6. Risk Warning:

5.1 There are inherent risks and dangers onboard any vessel, including this Vessel, and in the participation of any water sport activity.

5.2 All passengers participate in the charter and water sport activities at their own risk.

7. Shoes Policy:

6.1 The Vessel has a "no shoes" policy. All shoes will be collected prior to boarding and

stored on board during the charter. Shoes will then be returned to guests to put on

once disembarked from the vessel. Exception will be made by prior arrangement for

guests with medical conditions that require them to wear shoes.

8. Smoking Policy:

7.1 The Vessel has a no smoking policy to avoid damage to the vessel caused by ash/embers. A designated outdoor smoking area on-shore will be advised by crew for when the vessel is at anchor or berthed. Smoking of any kind (including e-cigarettes or vapes) is not permitted onboard at any time. A suitable ashtray will be provided for proper disposal. Any damage caused by failing to comply with the no smoking policy

may incur a repair fee and any repair costs will be Charterers responsibility.

9. Swimming & Water Sport Activities:

8.1 Swimming must be arranged ahead of the charter, so a suitable charter course and swimming location can be planned.

8.2 Swimming and water sport activities are only permitted during daylight hours when the Vessel is at anchor and all passengers entering the water do so at their own risk.

8.3 The Charterer acknowledges the Master and crew always have sole discretion to cancel water sports due to safety, unfavourable weather conditions (including but not limited to wind, severe weather, tidal currents) or risk associated from marine wildlife.

8.4 The Owner does not recommend swimming or participating in any water sport activities with the consumption of alcohol and the Master and crew reserves the right to prevent any passenger/s who are deemed unfit from entering the water to ensure the safety of passengers, crew, and equipment.

10. Responsible Service of Alcohol:

9.1 The Owner operates under the Responsible Service of Alcohol (RSA) and as such the Owner and crew reserve the right to:

9.1.1 refuse service to passengers under 18 years of age or intoxicated passengers, for all charters including those who utilise Bring Your Own (BYO) beverage service;

9.1.2 refuse entry to passengers who arrive intoxicated or to terminate the charter if it is deemed that intoxicated passengers pose a threat to the safety of its passengers, crew and/or Vessel;

9.1.3 refuse service of any alcoholic beverage 30 minutes prior to disembarking. 

9.2 Wherever alcohol is served substantial food must also be provided to satisfy the RSA obligations.

9.3 Guests are not permitted to carry alcohol from the Vessel on disembarkation; a

suitable time should be arranged for collection of leftover beverages.

9.4 In line with RSA the Owner is happy to assist passengers to book suitable transport for

their safe onward journey after disembarkation.

11. Charter Itinerary

10.1 The course to be undertaken during the Charter may be agreed in advance with Great Southern Marine or with the Master at the time of the Charter.

10.2 The Charterer acknowledges that the Master always has sole discretion to take whatever action is necessary to protect and maintain the safety, welfare and good order of the vessel, its passengers and crew with regard to cruising course, weather conditions, anchorage, clearance, and any other activity on the water.

10.3 The navigation and management of the Vessel is to be in the exclusive control and command of Great Southern Marine, the Master or crew.

12. Cancellation of Charter

11.1 Great Southern Marine, including the Master of the Vessel, has the right to cancel any charter of the Vessel for severe weather, safety, vessel inoperability or for any other reason at the Master’s discretion.

11.2 In the event of charter cancellation by Great Southern Marine or the master of the Vessel, where available Great Southern Marine reserves the right to substitute a suitable alternative vessel or to offer an alternative charter date suitable to both parties.

13. Weather Conditions

12.1 Great Southern Marine accepts no responsibility for conditions of weather and any

adverse weather conditions do not give the Charterer the right to terminate the charter.

12.2 Great Southern Marine and the Master will determine if weather conditions are safe

to operate the charter or to continue the charter in accordance with any planned itinerary.

12.3 All Charters will proceed regardless of weather or sea conditions unless deemed unsafe by Great Southern Marine or the Master.

14. Suspension of Charter

13.1 The charter will be suspended if the Vessel is prevented from being used provided that the time lost does not cease in the event the Vessel is prevented from being used as a result of:

(a) the carriage of persons, equipment requested or undertaken by the Charterer;

(b) deviation or exposure to abnormal risks made at the request of the Charterer;

(c) any act or omission of the Charterer or the Charterer's Group.

15. Responsibility of the Charterer

14.1 The Charterer is at all times responsible for the conduct of the Charterer’s Group. It is

acknowledged that the person signing this agreement signs on behalf of the Charterer’s Group and is authorised to do so.

14.2 Children: under the age of 10 are not permitted onboard except by special request. If children are on board, the Charterer will be fully responsible for their safety, conduct and entertainment. Children are to be under the direct supervision of an adult member of the Charterer's Group at all times.

14.3 The Charterer’s Group will respect the vessel's Master and crew at all times. No crew or Master will be harassed (physically or otherwise) by the Charterer’s Group. The Master will notify the Charterer’s Group of any infringement of these terms; if such behaviour continues after this warning, the Master shall inform Great Southern Marine who may terminate the charter.

16. Damage to the Vessel

The Charterer shall be liable for any loss or damage to the Vessel or its equipment or fittings howsoever caused by the Charterer or the Charterer’s Group. Ordinary wear and tear are excepted.

17. Masters authority and safety

16.1 The master shall have absolute authority in matters of navigation, seamanship and safety and shall be entitled to require the Charterer and the Charterer's Group to comply with all reasonable orders where the Charterer or the Charterer's Group might otherwise endanger the vessel or any person on board, or vitiate the vessels insurance, or prevent or be likely to prevent timely finish time at the end of the Charter Period.

16.2 The Charterer and the Charterer's Group will observe all applicable rules, regulation and laws.

16.3 The Master can terminate the Charter at any time, for any reason (including but no limited to; illness, disease, injury, psychological problems, vulgar or improper conduct, abuse of alcohol or drugs, refusal to obey regulations) and return to the port, if the Master believes in his sole opinion, the safety of the Vessel or its passengers are at risk, or in circumstances where the Charterer or the Charterer's Group refuse to comply with the Masters directions. Great Southern Marine shall not be liable for any costs or expenses incurred in declining to carry the Charterer or Charterer's Group, or for the involuntary disembarkation of a Charterer or Charterer's Group.

18. Liabilities and Indemnities

17.1 The Charterer agrees to use the Vessel at its own risk.

17.2 Great Southern Marine is not responsible for the loss of, or damage to, any property of the Charterer or the Charterer's Group or for any personal injury or death of the Charterer or the Charterer's Group, arising out of or in any way connected with the performance of this charter unless such loss and damage is caused by the negligence of Great Southern Marine or its servants (including the Master and crew of the Vessel).

17.3 The Charterer agrees to indemnify and hold harmless Great Southern Marine, their agents, employees and subcontractors (including the master and crew of the vessel) from and against any and all losses, claims, actions, costs, expenses, fees, damages, fines and liabilities (including reasonable legal fees) howsoever caused by the Charterer or the Charterer’s Group including but not limited to:

(a) Failure to follow any reasonable direction given by Great Southern Marine, the

Master or crew;

(d) Failure to comply with any of these terms or conditions;

(b) Failure to comply with any safety briefing/warnings by the Master or crew or

any warning signs;

(e) Unreasonable or unsafe behaviour;

(f) Wilful misuse of the equipment or facilities of the Vessel;

(g) Impairment by alcohol or use of prohibited drugs;

(h) Possession of any illegal drugs or any weapons;

(c) Commission of any offence contrary to the laws and regulations of any country

including any offences which result in the master and any crew being detained, fined or imprisoned or the vessel being detained, arrest, seized or fined.

17.4 The Charterer undertakes to indemnify Great Southern Marine and the master and crew of the Vessel against all damages to the Vessel and its equipment – except for ordinary wear and tear – caused by any intentional or negligent act or omission of the Charterer or the Charterer's Group, employees, agents, servants or contractors as well as against liability for any illegal act by these persons including but not limited to smuggling, drug abuse, possession of firearms or explosives and pollution.

17.5 Great Southern Marine may terminate this charter for breach of this clause.

17.6 Neither party is liable to the other for any consequential damages or indirect losses

whatsoever arising out of or in connection with the performance or non-performance of this agreement, including but not limited to loss of use, loss of profits or other economic loss.

19. Force Majeure

Neither Great Southern Marine nor the Charterer is liable for any loss, damages or delay or failure in performance resulting from any acts, event, omission, accidents or acts of God including, but not limited to, strikes, lockouts, industrial disputes, riots, acts of terrorism, blockade, wall, fire, explosion, sabotage, storm, collision, grounding, governmental acts or regulations and intervention, contaminated fuel, major mechanical or electrical breakdown or any other cause which is beyond the reasonable control of either party or the crew which makes continuance of the Vessel's operation impossible.

20. Jurisdiction / Governing Law

This agreement is governed by the laws of Queensland and the parties agree to submit to the exclusive jurisdiction of the Queensland courts in respect of any dispute arising between them.